What is the process of registering a trademark in Jiangxi? How does the registration of a trademark in Jiangxi generally proceed? The editor has brought you relevant knowledge about registering a trademark in Jiangxi. You may be among them. required. Information required for registered trademarks in Jiangxi
1. If applying for registration under a company name, a copy of the business license must be provided, and the official seal must be stamped on the copy of the business license;
2. If you apply for registration in your own name, you need to provide a copy of your personal ID card and a copy of the individual industrial and commercial household's business license. The copy of the individual industrial and commercial household's business license must be stamped with the official seal;
3. Provide trademark text or drawings. If the color needs to be protected, color drawings must also be provided;
4. Provide the goods/services to be registered, which can be based on the goods operated by the applicant or the services provided by the applicant, referring to the "Trademark Registration Use" Fill in the ninth edition of the "International Classification of Goods and Services" (Nice Classification) and the "Classification Table of Similar Goods and Services" modified by the Trademark Office based on the above-mentioned international classification table;
5. Provide official seal or signature "Trademark Agency Power of Attorney", which can be obtained from this website; especially note that the address on the "Trademark Agency Power of Attorney" should be exactly the same as the registered address on the business license. Detailed process for registered trademarks in Jiangxi
Trademark registration process 1. Formal review
After formal review, the application procedures are complete and the application documents are filled in in accordance with regulations, the Trademark Office will issue an acceptance notice.
If the application procedures are incomplete or the application documents are not filled in as required, a notice of rejection will be issued and returned, and the application date will not be retained.
If the application procedures are basically complete or the application documents basically comply with the regulations, but if supplements and corrections are needed, the Trademark Office will issue a notice of supplements and corrections to the trademark registration application. If the applicant makes corrections within the time limit and returns it to the Trademark Office, the application date will be retained; if the applicant fails to make corrections or makes corrections beyond the time limit, the Trademark Office will issue a notice of rejection and return it, and the application date will not be retained.
Trademark registration process 2. Substantive examination
After passing the formal examination, the trademark application enters the substantive examination. After substantive examination, any trademark application that complies with the relevant provisions of the Trademark Law will be initially reviewed and approved by the Trademark Office and announced.
If the application is rejected, a rejection notice will be issued to the applicant.
If the Trademark Office believes that the contents of the trademark registration application can be revised, it will issue an examination opinion. If the applicant responds within the time limit, the Trademark Office will continue the examination.
For trademarks that have been preliminarily approved after review, the China Trademark Office will announce them in the "Trademark Announcement".
Within three months from the date of announcement, anyone can object to a trademark initially approved by the China Trademark Office.
If there is no objection or the objection is ruled not to be established, the China Trademark Office will approve the registration, issue a trademark registration certificate, and announce it in the "Trademark Announcement"; if the objection is ruled to be true, the registration will not be approved.
Request for review
If the applicant is dissatisfied with the Trademark Office’s rejection of the trademark registration application during the trademark registration process, he or she may request a review from the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision on whether to grant registration or not, and notify the applicant in writing. If the party concerned is dissatisfied with the Trademark Office's objection ruling, he or she may request a review from the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision and notify the parties in writing. What are the conditions for trademark application in Jiangxi?
1. Only individuals or groups that meet the following conditions can file trademark applications in my country:
Trademark registration applicants must be: legally established enterprise. Public institutions. social groups. Individual business persons. Individual partnerships or foreigners or foreign enterprises from countries that have signed an agreement with China or participated in international treaties with the Chinese Communist Party or dealt with it in accordance with the principle of reciprocity. Meet the above conditions. When you need to obtain the exclusive right to use a trademark, you must submit a trademark registration application to the Trademark Office on a voluntary basis (from November 1, 2001, the my country Trademark Office began to accept applications for trademark registration by natural persons).
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2. Submit an application according to the classification of goods and services:
Currently, my country’s trademark law implements the International Classification of Goods, which classifies more than 10,000 types of goods and services. It is divided into 42 categories, including 34 categories of goods and 8 categories of services. When applying for trademark registration, the category of goods or services for which the trademark is used should be determined according to the classification of the Goods and Services Classification Table. If the same applicant uses the same trademark on different categories of goods, he should apply for registration in different categories according to the classification of goods. This can avoid unfair expansion of the scope of application of trademark rights, and is also conducive to the approval of examiners and the protection of exclusive rights to the trademark.
3. Determination of the trademark application date:
It is very important to establish the application date. Since trademark registration in my country adopts the first-to-file principle, once the application date occurs, the order of application dates becomes the law for determining trademark rights. According to this, the application date for trademark registration shall be the date when the Trademark Office receives the application documents (the minimum unit of date is "day"). How to determine the application date for Jiangxi trademark registration?
(1) The application date for trademark registration shall be based on the date when the Trademark Office receives the application, regardless of morning or afternoon.
(2) If two or more applicants apply for registration of the same or similar trademark on the same or similar goods, the trademark that was applied for first shall be preliminarily reviewed and announced; If the application is made within days, the previously used trademark will be initially reviewed and announced, and other applications will be rejected and will not be announced.
(3) If the application procedures are complete and the application documents are filled in in accordance with the regulations, the Trademark Office will assign an application number and issue a "Notice of Acceptance"; if the application procedures are incomplete or the application documents are not filled in in accordance with the regulations , will be returned and the application date will not be retained.
(4) The application procedures are basically complete or the application documents are basically in compliance with the regulations, but if supplements and corrections are needed, the Trademark Office will notify the applicant to make supplements and corrections, and the applicant shall make the necessary supplements and corrections as specified within 15 days from the date of receipt of the notice of supplements and corrections. Correct the content and return it to the Trademark Office. If corrections are made within the time limit and returned to the Trademark Office, the application date will be retained; if no corrections are made or corrections are made beyond the time limit, the application will be returned and the application date will not be retained.
(5) If two or more applicants apply for registration of the same or similar trademark on the same goods or similar goods on the same day, each applicant shall follow the instructions of the Trademark Office notification, and submit proof of the date of first use of the trademark within 30 days. What are the transfer forms of registered Jiangxi trademarks?
Trademark transfer is an act in which the trademark registrant transfers the exclusive right to use the trademark to another party in accordance with legal procedures during the validity period of the registered trademark. The transfer of registered trademarks generally takes the following forms:
1. Contract transfer. The transferor stipulates the content of the registered trademark transferred, mutual rights, obligations and liability for breach of contract through a contract. This form of transfer is generally paid, that is, the transferor charges a certain transfer fee by transferring the exclusive right to the registered trademark.
2. Inheritance and transfer. There are two situations for the inheritance and transfer of registered trademarks:
(1) After the registered owner (natural person) dies, that is, after the end of his life, an heir will inherit all the registered trademarks owned by the deceased according to inheritance procedures.
(2) Succession and transfer when the enterprise as the owner of the registered trademark is merged or merged.
3. Transfers due to administrative orders. This form of transfer generally occurs in countries with public ownership. The administrative orders mentioned here are mainly those plans and administrations that cause the transfer of property. For example, if my country's state-owned enterprises are divided, merged, disbanded or transferred according to administrative orders, the subject of registered trademarks will inevitably change.
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